APHC010013102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 280/2025 Between:

S Mahaboob Basha ...PETITIONER/ACCUSED AND Smt N Rahamath Bee and Others ...RESPONDENT/COMPLAINANT(S)

Counsel for the Petitioner/accused:

1. BABU SUMANTH VELLAMPALLI Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR

2.

The Court made the following:

ORDER:

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioner, seeking quashment of the proceedings against him in FCOP(M.C.) No.60 of 2021, on the file of the Court of the Family Court-cum-IV-Additional District Judge, Ananthapur.

2. Heard Sri Babu Sumanth.V, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor.

3. Learned counsel for the petitioner would submit that the trial court, without assigning any valid or cogent reasons, granted maintenance. Learned counsel for the petitioner prays for the quashment of the case.

4. Learned Assistant Public Prosecutor would submit that, according to Section 19(5) of the Family Courts Act, 1984, this criminal petition is not maintainable because only a revision would lie against the present case.

5. Learned counsel for the petitioner would submit that this petition may be disposed of, granting liberty to the petitioner to file a criminal revision case.

6. In light of Section 19(5) of the Family Courts Act, 1984, only a revision would lie against the impugned order. Section 19(5) of the Family Courts Act, 1984, provides that appeals from decrees or orders of a Family Court can be made to the High Court. However, it also specifies that no second appeal is allowed under the provisions of the Civil Procedure Code. This emphasizes that the only recourse to challenge orders passed by Family Courts is through a revision or appeal to the High Court, and not by filing a criminal petition under Section 482 of the Criminal Procedure Code. When there is a specific provision in the statute, this Court cannot exercise its power under Section

482 of the Cr.P.C.

7. Considering the submissions made, this criminal petition is disposed of giving liberty to the petitioner to file a criminal revision case against the impugned order.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

_______________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 09.01.2025 MH

230 HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.280 of 2025 Dt.09.01.2025

MH